Reso 2017-2715 - Laserfiche WebLink

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reference. This AGREEMENT is not intended to and does not serve to create an interest in land in Haulover Park in favor of the CITY and merely a grant of access to allow the CITY to improve Haulover Park in accordance with the terms set forth herein. The term of this AGREEMENT shall be for the duration of the construction of the SKATE PARK and, except for any covenants that specifically survive the expiration of this AGREEMENT. This AGREEMENT shall expire once the construction of the SKATE PARK is completed. The CITY shall have no further legal responsibility or liability upon completion of the Skate Park, with the sole exception of any express covenants herein that specifically survive expiration of this AGREEMENT. 2. Development of the SKATE PARK a. Condition of the Construction Site within PARK. The area to be developed by the CITY as the SKATE PARK is depicted in the diagram on Exhibit 1 and shall be referred to herein as the "Construction Site." The Construction Site shall be used by the CITY and its Contractor for staging and construction of the SKATE PARK in accordance with the terms and conditions of this AGREEMENT. The COUNTY makes no representations or warranties to the CITY as to the site or environmental conditions of the Construction Site nor of its suitability for development of the SKATE PARK. CITY acknowledges and accepts the Construction Site "as is" and understands and agrees that it shall be solely responsible for all site conditions encountered at the Construction Site during development of the SKATE PARK and shall be responsible for addressing same during construction. b. The CITY will, at its sole cost and expense, including any cost overruns, design, permit and build all the SKATE PARK improvements on the Construction Site to the standards, latest applicable building codes and regulations, and in accordance with the County approved Final Plans (as such term is defined below). C. The CITY agrees to complete the construction of the SKATE PARK within 180 days ("Date of Completion") after execution of this AGREEMENT. The Date of Completion shall extend automatically by the number of weeks that the construction of the SKATE PARK has been delayed by weather conditions. The CITY may request an extension of the Date of Completion if it experiences unforeseen delays in the work, by submitting a written request for extension to the COUNTY. The COUNTY shall not unreasonably withhold the request for a time extension by the CITY, provided that in no event shall the time to complete construction of the SKATE PARK extend beyond a maximum time period of 360 days after execution of this AGREEMENT. Construction of the SKATE PARK shall be deeme.�/to have been completed once all of the work upon the occurrence of all of the following: (i) Contractor has signed and delivered to the City a certificate of final completion in accordance with the Final Plans at such time the City shall provide the County a copy of such certificate; (ii) punch list items for the SKATE PARK have been completed; and (iii) CITY has achieved Final Completion of the work in accordance with the requirements of Section 5 of this AGREEMENT. d. The CITY shall have no further legal responsibility or liability with regards to designing and/or developing the SKATE PARK once Final Completion of the SKATE PARK, as defined in the AGREEMENT between the CITY and Contractor is completed. Page 2 of5e6 7